106 So. 3d 1116
La. Ct. App.2012Background
- 2005 divorce with joint custody; Mrs. Weaver as domiciliary custodial parent; Mr. Weaver ordered to pay $500 monthly and $800 every two weeks until $2,500 arrears were satisfied.
- 2007 rule for contempt filed alleging nonpayment, garnishment, income assignment, and other relief; arrears alleged at $1,000; sought civil/criminal contempt and sanctions.
- 2008 consent judgment (recorded 2011) requiring $700 monthly support via income assignment, with $100 arrears, medical payments, and proof of income; contempt waived upon compliance.
- 2011 hearing: Mr. Weaver testified to regular payments since 2008 and various income sources; Mrs. Weaver testified to gaps and inconsistencies; trial court noted inconsistencies on both sides.
- Trial court construed testimony and records, found Mrs. Weaver failed to prove nonpayment by a preponderance of the evidence, and denied the rule for contempt.
- Appellate court affirmed the trial court’s judgment denying contempt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did plaintiff prove contempt by preponderance of the evidence? | Weaver failed to pay arrears and missed payments as ordered. | Weaver paid regularly; inconsistencies undermine plaintiff's claim. | No; burden not met; credibility issues unresolved; contempt denied. |
Key Cases Cited
- In re Jones, 54 So.3d 54 (La.App. 5 Cir. 2010) (interdiction-related citation cited in opinion)
- In re Interdiction of Jones, 56 So.3d 979 (La. 2011) (writ not considered; related to Jones citation)
- Brunet v. Magnolia Quarterboats, Inc., 711 So.2d 308 (La.App. 5 Cir. 1998) (precedential support cited by court)